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HomeMy WebLinkAboutMiscellaneous - 155 BEACON HILL BOULEVARD 4/30/2018 (2) 155 BEACON HILL BLVD 210/045.B-0058-0000.0 \ i Town of North Andover 14OR711 j k r C E ID R/��D r�Hi�"'.1;11 Office of the Zoning Board of Appeals r-j"I' CLE-F U Community Development and Services Division 27 Charles Street 103,p JUI L 22 A 8:. 58 North Andover,Massachusetts 01845 RSsgCHUSEt D. Robert Nicetta. Telephone(978)688-9541 Building Commissioner Fax(978)688-9542 Any appeal shall be filed Notice of Decision within(20)days after the Year 2002 date of filing of this notice in the office of the Town Clerk. Property at: 155 Beacon Hill Boulevard NAW: Steven Caisse DATE: July 16,2002 ADDRESS: 155 Beacon Hill Boulevard PETITION: 2002-025 North Andover,MA 01845 HEARING: 7/9/02 The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday,July 9,2002 at 7:30 PM upon the application of Steven Caisse, 155 Beacon Hill Boulevard,North Andover,MA requesting a Variance from Section 7,Paragraph 7.3 and Table 2 for front and right side setbacks;and for a Special Permit from Section 9,Paragraph 9.2 to allow for the construction of a proposed detached garage within the R-4 Zoning District. The following members were present: William J. Sullivan,Walter F. Soule,Robert P.Ford,Scott A. Karpinski, Ellen P.McIntyre,George M.Earley,and Joseph D.LaGrasse. Upon a motion made by Scott A.Karpinski and 2"d by Ellen P.McIntyre,the Board voted to GRANT the dimensional Variance petition for relief of 2'front setback and P right side setback in order to construct the proposed 24'x 36'detached garage,not to exceed 20'in height,as shown on the Plot Plan of Land 155 Beacon Hill Boulevard,North Andover,MA dated February 24,2002 by Frank S.Giles II,Professional Land Surveyor #41713,Scott L.Giles,Frank S.Giles Surveying,50 Deermeadow Road,No.Andover,MA 01845. The Board finds that the petitioner has satisfied the provisions of Section 10,paragraph 10.4 of the Zoning Bylaw and that the granting of these variances will not adversely affect the neighborhood or derogate from the intent and purpose of the Zoning Bylaw. Voting in favor of the Variance: William J.Sullivan,Walter F.Soule,Robert P.Ford,Scott A. Karpinski,and Ellen P.McIntyre. Upon a motion made by Scott A.Karpinski and 2d by Ellen P.McIntyre,the Board voted to allow the petitioner to WITHDRAW HIS SPECIAL PERMIT PETITION WITHOUT PREJUDICE. Voting in fiivor of the withdrawal of the Special Permit: William J. Sullivan,Walter F.Soule,Robert P.Ford,Scott A.Karpinski,and Ellen P.McIntyre. Furthermore,if the rights authorized by the Variance are not exercised within one(1)year of the date of the grant, it shall lapse,and may be re-established only after notice,and a new hearing. Furthermore,if a Special Permit granted under the provisions contained herein shall be deemed to have lapsed after a two(2)year period from the date on which the Special Permit was granted unless substantial use or construction has commenced,it shall lapse and may be re-established only after notice,and a new hearing. Town of North Andover Board of Appeals, William J. ullivan,Chairman Decision2002-025 BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 689-9530 HEALTH 688-9540 PLANNING 688-9535 mom �/, 7h� � �'af/ /�P.� %2 �.�� iS� cQ�I �-� fl �vd • � i i t U� `�' v � �� �� �a � . � � - � � �� � ���� �. � � � � � i p c.da/ y�rop/ L ha cuo Legal TOWN OF •NORTH A'DOVER MASSOUSEITS BOARD OF APPEALS NOTICE NORT/y Ot+tied`°'9,Y0 A # I y _ ^r 9e t� SSACHUSE� June 18,1982 Notice is hereby given that the Board of Appeals will give a hearing at the Town Building, North Andover, on Monday eveninq the 12th day of July 1982,at 7:30 o'clock,to all par- ties interested in the appeal of JOHN F. AND KATHLEEN M. TOOMEY requesting a variation of Sec,7, Par. 7.1 and 7.3 and Table 2 of the Zoning By Law so as to permit the continued ex- istence of a single family dwell- ing having less than the required area; front, side, and rear set. ; backs on the premises, located at the North side of Beacon Hill Blvd.and known as 155 Beacon Hill Blvd. By Order of the Board of Ap- peals. Frank Serio,Jr. Chairman Publish North Andover Citizen: June 24 and July 1, 1982. C16-842. rrk E NORTi�r�*r O• a o. A . r �F� vna7�+ :M� �.�•,� 1855 ^,�°�'•� ySsgCHU��'•►a: ' ►r►rrr+'~ TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE J.un °. 18. . . . . . . .1902. Notice is hereby given that the Board of Appeals will give a hearing at the Town Building,North Andover,on. .M.o.n day . . . even i n g. . . . . . . the .12 t.y day of . . . . .July . . . . . . . . . . . . 19. 82., at.7:Viclock, to all parties interested in the appeal of . . . . . . . F... .ARP . KATH.LCE'1 . i"i.,. .Tu.Of.,IEY requesting a variation of Sec.. .7 .. Par.. . 7...1. .bfc f"1 atWMx BAWY<�RI,8x9 R* a n d 7Aa n d .T 40' .1 e. .2 . o.f . th e Zoniag. .3y. .Law so. . as. .to. .pe—r.mi.t . :t.ne. cQn.ti.n.ued .exi.ste.nce. .of. .a. s.inn.le. .fami.ly. .d.,ell.i..ng. .hoyinq 1es.s . t.han. Ah.e . re.gtalredarea.,. front , si.de., and . . . . I . rea.r. . s.etb.acks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . _ '� r. side. of Beacon on the premises, located at. .tI] 0., . . . . Hi_i.1 a1 vd, . a.nd. .known. .as. .155. .Be.acon. .Hi.1.1 . .61 vd . By Order of the Board of Appeals Frank Serio , Jr. , Chairman Publish : Citizen : June 24 and July 1 , 1932 Send bill to : Atty. Donald Smith 200 Sttton Street Plo. Andover , bass . 01845 Any appeal shall be filed ;�04.�••••-�+ti within (20) days after the date of filing of this Notice RECEIVED APOM ' • in the Office of the Town DAW[ I_ TOLD;1VG 9 • teas •q� V. Clerk. � '_61� ►.sSACrtue� • JULqg 3 OWN OF NORTH ANDOVER 2 OD PM '8l MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Date . . . .J u.1.Y. . .13.x. .19 8 2. . . . . . . Petition No.. . . 2.6. . - 8.2. . . . . . . . . Date of Hearing. .J u 1 y. . 12 ,. .19 8 2 Petition of . . . . . . . J O H'J. .A il.Q . K.A T KLE E .K . T 0 0 1 E Y. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Premises affected . 1.5 5. .$a a.c o n. .H i,1.1 . B 4 u.l.e v a r d. .( Lots. .17.3 , a n.d. .174.). . . . . . . . . . . . . Referring to the above petition for a variation from the requirements of the . . Z.o.n i n g. By. .L a w S.ec.ti on . 7.,. . P.ara.gra.phs. .7..1 , . .7, 3., . a.nd. .Tab.l.e. .2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . so as to permit . .the. . cont.i.nu.ed. e.xi.s.te.n.ce. .of. .a. s.i n.ple. .fami l.y. . dwel.l.in.g h.avi no less than the. ,requi red, area., . fron.t,. .side,. .an.d .rear. .set.ba.cks... . . . . . . . . After a public hearing given on the above date, the Board of Appeals voted to . .G PA 11 T. . . . the Y.a r i.a n c e. . . . . . . . . . . . . . . . . . . . xaX�ldxY x�b xa�t a xthec ceding xIn tnx �xissxta pax paz>ibtox. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . fat Aka xomtrxdjmxof Akoc AtaovR) mox1A based upon the following conditions: 1 . That no building be placed on Lot 173 Signed Frank Serio , Jr. , Chairman . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . I . . . . . . . . . . . Alfred E . FrizelIe , Esq . , Vice Chairman Richard J . Trepanier., Esq . , C1.erk William J . Sullivan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pugustine. W N.ick.ers.on. . . . . . . . . . Board of Appeals 1 "� - NORTH • • _ RECEIVED o< j4.o, 1a DANIEL LONG o -RK NORTH ""=!C-OVER JUL 13 2 os PM '82 TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS July 13 ; 1982 Petition No . 26 - ' 82 John and Kathleen Toomey 155 Beacon Hill Blvd . Pyr. Daniel Long , Town Clerk Town Office Building North Andover, Plass . 01845 Dear Mr. Long : The Board of Appeals held a public hearing on Monday evening , July 12 , 1982 upon the application of John and Kathleen Toomey . The hearing was advertised in the North Andover Citizen on June 24 and July 1., 1932 and all abutters were notified by regular mail . The following members were present and voting : Frank ' Serio , Jr . , Chairman ; Alfred E . Frizelle , Es.q . , Vice Chairman ; Richard J . Trepanier , Esq . , Clerk -, William J . Sullivan,, and Augustine W . Nickerson . The petitioner seeks a variance from the provisions of Section 7 , Paragraphs 7 . 1 , 7 . 3 and Table 2 of the Zoning By Law to allow the continued existence of a single family dwelling having less than the required area , front , side , and rear setbacks on premises located at 155 Beacon Hill Boulevard . The petitioner testified , through counsel , that Lots 173 and 174 were purchased by the petitioner in 1977 . A building has been on Lot 174 since 1954 . However, the setbacks and area do not meet the requirements of the Zoninn By Law . The violations were recently discovered through conveyance of the property . There was no opposition to the petition . � �fy RECEIVED John and Kathleen ToomY e Ohl :_L I ''- T�.,+ ,? rri.K 155 Beacon Hill Blvd.. NOR"'. :.:—OVER Peti ti on Pio . 26. - ' 82 July 13 , 1982 JUL 13 2 09 Upon a motion made by Mr . Frizelle and seconded by Mr. Trepanier , the Board voted unanimously to grant the variance with the condition that no building be placed on Lot 173. The Board finds that each of the provisions of Section 10 .4 of the Zoning By Law have been satisfied. In particular, the Board finds that due to the location of the structure on the premises for many years with a deviation from the existing requirements , constitutes a hardship within the definition of the Zoning By Law. Said variance , in the opinion of the Board , will not derogate from the intent and purpose of the Zoning By Law. Sincerely , BOARD OF APPEALS Frank Serio , Jr . , Chairman jw ( Plan to follow) August 10 , 1982 Atty.. Donald Smith 200 Sttbnn Street North Andover , Mass . 01845 Re : Petition of John and Kathleen Toomey - Beacon Hill blvd . Dear Atty. Smith : DThe plan of land for John and 'Kathleem Toomey has been en- dorsed by the Hoard of Appeals and is ready-for recording at the Registry of Deeds . You may pick up this plan at the Board' s office located in the Town Hall at your convenience . The amount of $7. 60 is owned to the town to pay the postage for mailing, the legal notices to the parties in interest . Sincerely , MUID OF APPEALS Jean E. White , Secretary jw f NOR/H Rect e�d by Town Clerk : 3"°•:`'°'•.;"a 4 t' O OL 'DatjtfCEJVED TOWN OF NORTH ANDOVER, MASSACHUSETTS :: • D AIN i L L. v. .' • +�;d (`,t�E�tK BOARD OF APPEALS ;�S;,.;;•"t.h T i PT69.1 �sLERK ^cHust NOR111--�--� Noti ce : Thi s appl i cati on must be typewri tten JON I8 APOPHAT'RN FOR RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE 155 Beacon Hill Boulevard AppI i cant John F. and Kathleen M. Toomey Address Noi Andover, MA 01845 1 . Application is hereby made (a) For a variance from the requirements of Section. 7, Paragraph 7.1, and Table 2 of the Zoning By-LawS , and from the requirements of Section 7, arragraph 7.3, and-Table 2. (b) For a "Spe-cial Permit unde°r­'Section Paragraph of the Zoning By-Laws. ( c) As a party aggrieved , for review of a decision made by the Building Inspector or other authority . 2 . ( a) Premises affected are land and building(V) numbered 155 Beacon Hill Boulevard $gc� (b) Premises affected are property with frontage on the North ( X ) South ( ) East ( ) West ( ) s i de Of Beacon Hill Boulevard Street, and known as No . 155 Beacon Hill Boulevard x!itftt . ( c) Premises affected are in Zoning District (2- and the premises affected have an area of 8,365 square feet -and frontage of 134.23 sqfawm feet . 3. Ownership (a) (lame and address of owner ( if joint ownership , give all names ) : John F. and Kathleen M. Toomey, 155 Beacon Hill Blvd., No. Andover, MA 01845 Date of purchase July 29, 1977 Previous. Owner John W. Pasternak .et ux ( b) If applicant is not owner , check his interest in the premises : Prospective Purchaser Lesee Other (explain ) 4. Size of proposed building : front ; feet. deep ; Height : stories ; feet. (a ) Approximate date of erection : ( b) Occupancy or use of each floor : (c) Type of construction; 5 . Size of existing building : 41.5 feet front ; 37.5 feet deep ; Height : 1 2 stories ; feet . (a)t Approximate date of erection : 1954 (b) Occupancy or use of each floor : Dwelling (c) Type of construction :- Frame 6. Has there been a previous appeal , under zoning , on these premises ? No If so , when? 7. Description of relief sought on this petition Variance from requirements of front yard, side yard, rear yard requirements, and from area. requirements. 8. Deed recorded in the Registry` of` Deeds in Book 1315 page 58` or Land":Court Certi fcate No. Book Page i The principal points upon which I base my application are as follows : (Must be stated in detail ) • The premises being numbered Lot 174, which is the subject matter ofhis; appl`icaton, were acquired by the petitioners, together with Lot 173, by the aforementioned deed in 1977. Petitioners are in the process of selling and conveying both lots. However, the conveyancer representing the prospective purchaser and the bank granting a purchase money mortgage has examined the title and is of the opinion that the title to Lot numbered 173 is not clear and satisfactory to him. In order to facilitate continued on attached sheet I agree to pay for advertising in newspaper and in idental expenses* etitioner ' s Signature Sec. 1 APPLICATION FORM Every application for action by the Board shall be made on a form approved by the Board. These forms shall be furnished by the clerk upon request . Any communication purporting to be an application shall be treated as mere notice of intention to seek relief until such time as it is made On the official application form. All in- formation called for by the form shall be furnished by the applicant in the manner therein prescribed. Every application shall be submitted with a list of "Parties in Interest" which list shall include the petitioner ,. abutters , owners of land directly opposite on any public or private street or way , and abutters to the abutters within three hundred feet .of the property line of the petitioner as they appear on the most recent applicable tax list , notwithstanding that the land of any such owner is located in another city or town , the Planning Board of the city or town , and the Planning Board of .every abutting city or town . * Every application shall be submitted with an application charge cost in the amount of $25. 00 . In addition , the petitioner shall be respon- sible for any and all costs involved in bringing the petition before the Board. Such costs shall include mailing and publication , but are not necessarily limited to these . LIST OF PARTIES IN INTEREST Name Address John F. and Kathleen M. Toomey 155 Beacon Hill Boulevard Thomas G. Georges and John Moutzorogeo'rgos 596 Andover Street, Lawrence, MA 01843 Adolph and Olga Subatch 135 Beacon Hill Boulevard Town of North Andover (Selectmen) Town Office Building John F. and Hazel Lane 512 Massachusetts Avenue Matthew M. and Patricia C. Nastasia 482 Massachusetts Avenue Annie J. Connor 60 Hemlock Street Linda A. Jeffery 52 Hemlock Street Antonio and Lucy M. Mele 483 Massachusetts Avenue Roland and Josephine Baker 281 Broad ay, La rence, MA 01841 C t� ( Use additional sheets if necessary) 7� � V an immediate sale prior to the registration of title to both parcels in the Land Court, the prospective purchasers have agreed to accept title to Lot 174, upon which parcel the residence is situated. However, in order that Lot 174 may be conveyed as a single lot, a variance is required from the requirements of the zoning by law because of failure to meet front,,yard, side yard and rear yard requirements of the present by law, as well as a variance from area requirements. The variances may be granted for the reasons that to deny the same would result in a. severe hardship to the petitioners; that the building has been on Lot 174 since on or before 1954; that the Lot numbered 174 will be conveyed along with such title as the petitioners may have in Lot numbered 173, contigous to Lot 174; that there will be no outward or exterior change in either of the Lots 173 and 174; that petitioners are proceeding to register title to both lots and are willing to enter into a binding covenant that, if the variance is granted as to Lot 174, no conveyance of Lot 173 will be made except in conjunction with a conveyance of Lot 174; that the granting of the variance would not be in dero- gation of the intent and purpose of the by law; and the variance may be granted without substantial detriment to the public good.